DCIT 9(1)(1), MUMBAI v. AIR WORKS INDIA (ENGINEERING ) P.LTD, MUMBAI

ITA 4783/MUM/2017 | 2011-2012
Pronouncement Date: 11-11-2019 | Result: Dismissed

Appeal Details

RSA Number 478319914 RSA 2017
Assessee PAN AABCA1069P
Bench Mumbai
Appeal Number ITA 4783/MUM/2017
Duration Of Justice 2 year(s) 4 month(s) 5 day(s)
Appellant DCIT 9(1)(1), MUMBAI
Respondent AIR WORKS INDIA (ENGINEERING ) P.LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 11-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 11-11-2019
Last Hearing Date 08-11-2018
First Hearing Date 08-11-2018
Assessment Year 2011-2012
Appeal Filed On 06-07-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH MUMBAI BEFORE SHRI SHAMIM YAHYA ACCOUNTANT MEMBER AND SHR I PAWAN SINGH JUDICIAL MEMBER ITA NO. 4783/MUM/2017 FOR ASSESSMENT YEAR: 2011-12 DCIT- 9(1)(1) ROOM NO. 260A 2 ND FLOOR AAYAKAR BHAWAN M.K. ROAD MUMBAI-400020. VS M/S AIR WORKS INDIA (ENGINEERING) PVT. LTD. GATE NO.8 OLD AIRPORT NEAR KALINA MILITARY CAMP SANTACRUZ (E) MUMBAI-400029. PAN : AABCA1069P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJESH KUMAR MISHRA (SR. DR/ADDL. CIT) RESPONDENT BY : NONE DATE OF HEARING : 11/11/2019 DATE OF PRONOUNCEMENT: 11/11/2019 ORDER UNDER SECTION 254(1) O F INCOME TAX ACT PER PAWAN SINGH JUDICIAL MEMBER: 1. THIS APPEAL BY REVENUE UNDER SECTION 253 OF INCOME TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-55 [CIT(A)] MUMBAI DATED 31.03.2017 WHICH IN TURN AR ISES FROM THE ASSESSMENT ORDER PASSED UNDER SECTION 143(3) RWS 14 4C(3)(A) DATED 27.04.2015 FOR ASSESSMENT YEAR 2011-12. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SE RVICE OF NOTICE THROUGH RPAD. AT THE OUTSET OF HEARING WE HAVE NOTED THAT THE LD CIT(A) DELETED THE ONLY THE ADDITION OF RS. 61 66 088/- ADDED ON ACCOU NT OF UPWARD ADJUSTMENT ON ACCOUNT OF ARMS LENGTH PRICE FOR CORPORATE GUARA NTEE FEE CHARGEABLE FROM ASSOCIATED ENTERPRISES OF THE ASSESSEE. ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW RS. 50 00 000/- I.E. TH E MONETARY LIMIT PRESCRIBED ITA NO. 4783 MUM 17-M/S AIR WORKS INDIA (ENGINEERI NG) PVT. LTD. 2 BY CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019. THEREFORE EITHER THE REVENUE SHOULD WITHDRAW THE PRESENT APPEAL OR WOUL D BE DISMISSED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FOR THE RE VENUE AFTER GOING THROUGH THE GROUNDS OF APPEAL SUBMITTED THAT THOUGH THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIM IT OF TAX EFFECT FIXED BY CBDT IN A RECENT CIRCULAR HOWEVER THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVED IN CASE AT THE LATER STAGE IT IS DISCOVERED THAT THE GROUND OF APPEAL IS COVERED BY ANY EXCEPTION CLAUSE OF CBDT C IRCULAR NO. 3/2018 DATED 1 1TH JULY 2018 OR THE TAX EFFECT ID MORE THAN RS. 50 LAK HS. 4. C ONSIDERING THE FACTS AND THE SUBMISSIONS OF THE LD. DR FOR THE REVENUE WE FIND THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF RS. 50 00 000/- FIXED BY CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019 THEREFORE THE APPEAL OF REVENUE IS DI SMISSED BEING NOT MAINTAINABLE. HOWEVER THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVED IN CASE IF IT IS DISCOVERED THAT THE PRESENT APPEA L IS COVERED BY ANY EXCEPTION CLAUSE OF CBDT CIRCULAR NO.3/2018 DATED 11 TH JULY 2018. 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT O N THIS 11/11/2019. SD/- SD/- (SHAMIM YAHYA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMB ER MUMBAI DATE: 11.11.2019 SK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT ITA NO. 4783 MUM 17-M/S AIR WORKS INDIA (ENGINEERI NG) PVT. LTD. 3 4. CIT(APPEALS) 5. DR: ITAT BY ORDER ASSISTANT REGISTRAR IT AT MUMBAI